Section 70 in The Gujarat Municipalities Act, 1963
70. Liability of councillors for misapplication.
(1)Every councillor shall be personally liable for the misapplication of any fund to which he shall have been a party, or which shall have happened through or been facilitated by gross neglect of his duty as a councillor;Provided that no councillor shall be personally liable in respect of any contract or agreement made, or for any expense incurred by, or on behalf of the municipality; the funds at the disposal of each municipality shall be liable for, and be charged with, all costs in respect of any contract or agreement and all such expenses.(2)If after giving the councillor concerned a reasonable opportunity for showing cause to the contrary, an officer authorised by the State Government is satisfied that the councillor was party to the misapplication of any fund of the municipality or that the misapplication is a direct consequence of misconduct or gross neglect on his part, the officer so authorised shall by an order in writing direct such councillor to pay to the municipality before a fixed date, the amount required to be reimbursed to it for such misapplication.(3)If the amount is not so paid, it shall be recovered as an arrear of land revenue and credited to the fund of the municipality.(4)Any person aggrieved by the decision or action of the officer so authorised may within one month from the date of such decision or action apply to the District Court for redress of his grievance and that Court after taking such evidence as it thinks necessary may confirm, modify or set aside the order and also make such order as to costs as it thinks proper in the circumstances.
